도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On January 18, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on January 18, 2008. On July 30, 2012, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving). On August 21, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On September 18, 2019, around 22:35, 2019, the Defendant driven a Fco-sports cargo vehicle under the influence of alcohol concentration of about 0.112% at the 1km section from the front of the C main point in the Net City B to the front of the Ethm in the Net City D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records and written judgments, etc.);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. According to the Road Traffic Act amended for the reason of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions shown in the records and arguments of the instant case, including the period of punishment strengthened, the criminal records of the Defendant, the period of time with the previous drunk driving force, the degree of blood alcohol concentration of the Defendant at the time of driving of the instant case, the occurrence of the accident, the driving distance of the Defendant, the defendant's reflectness